Here you will find an eclectic collection of different articles and papers about military law.
Military Law historical items.
Military Law historical items.
- Joshua E. Kastenberg, The Limits of Executive Power in Crisis in the Early Republic: Martin v. Mott--An Old Gray Mare--Reexamined Through Its Own History. 82 LA. L. REV. 161 (2021).
- Elizabeth Lutes Hillman, Cold War crime and American Culture: Courts-martial in the United States Armed Forces, 1951-1973. A dissertation presented to the Faculty of the Yale Graduate School, 2001.
- Hard Truths and the Duty to Change: Recommendations for the Independent Review Commission on Sexual Assault in the Military. 2 July 2021.
- Military Law Review, Bicentenial Issue, September 1975.
- Edmund M. Morgan, The Background of the Uniform Code of Military Justice.
- Felix E. Larkin, et. al., Professor Morgan and the Drafting of the Code.
- Both Morgan and Larkin found in 28 MIL. L. REV. April 1965.
- Federico Andreu-Guzmán, Military jurisdiction and international law: Military courts and gross human rights violations, Vo. 1, International Commission of Jurists.
- Robert E. Quinn, The United States Court of Miilitary Appeals and Military Due Process. 35 St. JOHNS L. REV. 225 (1961).
- Karen A. Ruzic, Military Justice and the Supreme Court's Outdated Deference: United States v. Weiss. 70 CHI-KENT L. REV. 265 (1994).
- William and Mary, 1688: An Act for punishing Officers or Soldiers who shall Mutiny or Desert Their Majestyes Service. [Chapter V. Rot. Parl. pt. 5. nu. 2.] — The Mutiny Act of 1689)
- Charles II, 1661: An Act for the Establishing Articles and Orders for the regulateing and better Government of His Majesties Navies Ships of Warr & Forces by Sea.
- William and Mary, 1692: An Act for punishing Officers and Soldiers who shall mutiny or desert Their Majesties Service and for punishing False Musters and for the payment of Quarters [Chapter XII Rot. Parl. pt. 3. nu. 8.]
- William and Mary, 1694: An Act for continuing the Act for punishing Officers and Souldiers who shall mutiny or desert their Majesties… [Chapter XV. Rot. Parl. pt. 6. nu. 2.]
- Scott W. Stucky, (CJ, U.S.C.A.A.F.), Appellate Review of Courts-Martial in the United States. 69 CATHOLIC UNIV. L. REV. (2020).
- Frederic I. Lederer, Needed: An Independent Military Judiciary--A Proposal to Amend the Uniform Code of Military Justice. 3 WM. & Mary Bill RTS. J. 629 (1994).
- Report of the War Deparment Committee on Military Justice, December 1948. (This report and many others can also be found at the Library of Congress, in their Military Legal Resources section.
- Welch, Steven R., Military Justice, in: 1914-1918-online. International Encyclopedia of the First World War, ed. by Ute Daniel, Peter Gatrell, Oliver Janz, Heather Jones, Jennifer Keene, Alan Kramer, and Bill Nasson, issued by Freie Universität Berlin (2014).
This essay offers a comparative survey of the practice of military justice among several of the key belligerent powers. Accused soldiers enjoyed little in the way of legal protection, and punishment was generally swift and often harsh. Decisions about the severity of punishment could vary considerably from case to case depending on the current war situation and the state of morale and discipline in selected units. Thousands of soldiers were executed by firing squad for the crimes of desertion, mutiny and cowardice. The primary purpose of military justice was to maintain soldierly discipline; achieving justice in individual cases was a secondary concern.
- DAFIG Report of Inquiry: Independent Disparity Review. December 2020. This review was "to assess racial disparity in military discipline processes and personnel development and career opportunity as they pertain to black Airmen[.]"
- Defense Legal Policy Board. Report of the Subcommittee on Military Justice in Combat Zones, May 2013.
- Shadow Advisory Report Group of Experts (SARGE), Statement on the Report of the Independent Review Commission
on Sexual Assault in the Military. July 7, 2021.
- DoD Joint Service Committee, Report of Joint Service Subcomittee Prosecutorial Authority Study (JSS-PAS). September 2020.
- Ott & Kamarck, Military Justice Disposition Delimitation Legislation in the 117th Congress. Congressional Research Service, October 18, 2021.
More general items.
- John Dehn, Why a President Cannot Authorize the Military to Violate (Most of) the Laws of War, 59 Wm. & Mary L. Rev. 813 (2018).
- Laura Dickinson, Military Lawyers on the Battlefield: An Empirical Account of International Law Compliance, 104 Am. J. Int'l L. 1-28 (2010).
- Kristy N. Karmack, Sexual Assault, the Military Justice System and Commanders‘ Authority: Recent Developments. May 25, 2021, Congressional Research Service.
- You can find some relevant information about the "2021" Military Justice Improvement & Increasing Prevention Act here at CAAFlog.
- 24 May 2021, speeches of Sen. Gillibrand and others on the MJI&IPA (from C-Span).
- Kessler, L.T. & Gearhart, S., Sexual Harassment is Not a Crime: Aligning the Uniform Code of Military Justice with Title VII. 6 U. PENN J. L. & PUB. AFFAIRS 413 (2021).
- NIMJ VP Fissell & NIMJ Dir. Cave, Can Service Members Fight Taking a Mandatory COVID Vaccine? Military.com, Aug. 12, 2021.